| Why is 498a misused ?
The primary reason why 498A is being misused to this extent is because there
is no penalty for filing a false and frivolous case.
Another severe problem is that in most cases, the accused are arrested based on the
false complaint, because the law is cognizable.
Innocent accused languish in jail, sometimes for months, because the law is
non bailable. Frequently, a false case under 498A is timed just before the
weekend or public holidays, to make it harder for the accused to get bail from
the magistrate.
Feeble Elders, Pregnant Women and even Children are arrested based on the
false complaint. Warrants are issued against innocent people. The impact of
the arrest on the lives of these innocent people is disastrous. They get a
criminal record, the effects of which remain even after they are found innocent
and are acquitted by the courts. These innocent individuals face tremendous
difficulties in getting Govt. jobs and in getting Visas to go abroad.
The law in its current form is grossly misused and thousands of innocent families have been devastated by the misuse of this law.
Various Govt. Committees have opined that the law needs to be amended, but pressure from vested interests have prevented the implementation of those recommendations.
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